(PC) Her v. Warden Mendota Prison

Good Law
United States District Court, Eastern District of CaliforniaOctober 25, 20231:23-cv-00488California510 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 NOU HER, No. 1:23-cv-00488 JLT BAM (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING THE

v. ACTION WITH PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

WARDEN MENDOTA PRISON, et al., CLOSE THE CASE

Defendants. (Doc. 8) 16 Nou Her is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The assigned magistrate judge screened the allegations of Plaintiff’s complaint and found Plaintiff failed to state a cognizable claim under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). (Doc. 6.) The magistrate judge also determined it appeared leave to amend was futile, but nevertheless granted Plaintiff leave to amend to the extent he could do so in good faith. (Id. at 7.) The Court also informed Plaintiff that, in the alternative, he could file a notice of voluntary dismissal. (Id.) On August 3, 2023, after…

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